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Lawskills.com Georgia Caselaw
TEXACO, INC. v. HURT.
43668.
BELL, Presiding Judge.
Action on contract. Cobb Civil and Criminal Court. Before Judge Ravan.
Texaco, Inc. brought this suit against B. L. Hurt alleging that defendant was indebted to plaintiff on a guaranty agreement as follows: "For value received, and in consideration of the credit which you may hereafter extend in connection with Texaco Inc. National Credit Cards issued in the name of Ga. Dry Wall Co., Inc., hereinafter called the debtor, the undersigned [defendant Hurt] hereby unconditionally guarantees payment, when due . . . of any and all present or future indebtedness owed to you by said debtor, arising in connection with the use of said Credit Cards, and hereby agrees to promptly pay such indebtedness if default in the payment thereof be made by the debtor . . . This guaranty shall be a continuing guaranty . . ." Held:
33, 36 (16 SE2d 909). Plaintiff showed the occurrence of the only condition precedent required by the contract--that is, default by the principal debtor. As the petition was sufficient to state a cause of action, or a claim under the Civil Practice Act, the court erred in sustaining defendant's general demurrer.
2. The second ground of error enumerated is moot.
Cochran, Camp, Chalker, Snipes & Jose, J. A. Cochran, for appellee.
Lipshutz, Macey, Zusmann & Sikes, John M. Sikes, Jr., Bartow Cowden, III, for appellant.
ARGUED MAY 7, 1968 -- DECIDED SEPTEMBER 30, 1968.
Saturday October 11 01:28 CDT


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